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AGREEMENT 

BETWEEN 

THE GOVERNMENT OF THE UNITED STATES OF AMERICA 

AND 

THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM 

ON 

THE ACCEPTANCE OF THE RETURN OF VIETNAMESE CITIZENS 

The Government of the United States of America (hereinafter called 
"the U.S. Government") and the Government of the Socialist Republic of 
Vietnam (hereinafter called "the Vietnamese Government"), 

With a wish of developing friendly relations between the two countries, 
and to establish procedures for competent authorities of both countries on the 
prompt and orderly acceptance of Vietnamese citizens who have been ordered 
removed by the U.S. Government, 

In order to establish common procedures for the relevant authorities 
based on the legal principles of each country and the international 
responsibility to accept the return of repatriated citizens; and to follow 
recognized principles of international law, to allow for a case-by-case 
determination of repatriation, and to recognize the right of the receiving 
country to determine nationality, 

Have agreed to the following: 

Article 1 
General Provisions 

1. The U.S. Government will carry out the repatriation of Vietnamese 
citizens who violated U.S. law in accordance with U.S. and international law 
and the provisions of this Agreement. The repatriation should take into 
account the humanitarian aspect, family unity and circumstances of each 
person in each individual case. 

2. The Vietnamese Government may consider the return of its citizens 
who violated U.S. law based on the consideration of legal procedures and the 



status and circumstances of each individual case. The subject individuals and 
the acceptance procedure will be based on the terms of this Agreement. 

3. Repatriation will be carried out in an orderly and safe way, and with 
respect for the individual human dignity of the person repatriated. The U.S. 
Government will allow Vietnamese citizens who have been ordered removed 
a reasonable time to arrange their personal affairs before returning them to 
Vietnam. 

4. Persons repatriated under this Agreement have the right to transfer 
their legal money and personal property to Vietnam. 

5. The U.S. Government will pay for the cost of returning to Vietnam 
persons repatriated under this Agreement, as provided in Article 5 and Annex 
1. The U.S. Government will also pay for the cost of returning to the United 
States any person who was mistakenly repatriated, in accordance with Article 
3 of this Agreement. 

Article 2 

Removable Persons and Conditions of Acceptance 

1 . The Vietnamese Government will accept the return of Vietnamese 
citizens in accordance with Article 1 and item 2 of Article 2 of this 
Agreement, if upon investigation the individual meets the following 
requirements: 

(a) The individual is a citizen of Vietnam and is not a citizen of the 
United States or of any other country; 

(b) The individual previously resided in Vietnam and has no current 
residence in a third country; 

(c) The individual has violated U.S. laws and has been ordered by 
competent authority removed from the United States; and 

(d) If the individual has been convicted of a criminal offense (including 
immigration violation), the person will have completed any imprisonment 
before removal, and any reduction in sentence will have been ordered by 
competent authority. 

2. Vietnamese citizens are not subject to return to Vietnam under this 
Agreement if they arrived in the United States before July 12, 1995, the date 
on which diplomatic relations were re-established between the U.S. 



Government and the Vietnamese Government. The U.S. Government and the 
Vietnamese Government maintain their respective legal positions relative to 
Vietnamese citizens who departed Vietnam for the United States prior to that 
date. 

3. In the case of a citizen of Vietnam who immigrated to the United 
States from a third country where that person had a permanent residence and 
who has been ordered removed from the United States, the U.S. Government 
will seek to return that person to the third country or consider allowing that 
person to stay in the United States, before requesting removal to Vietnam. 

4. In any case where the Vietnamese Government obtains information 
relevant to the repatriation of an individual that was not previously considered 
by the U.S. Government, the Vietnamese Government may request a 
humanitarian reconsideration based on the specific circumstances of the 
repatriated person in accordance with United States law. 



Upon notice by the Vietnamese Government that a person returned to 
Vietnam by the U.S. Government does not meet all criteria mentioned in 
Article 2 of this Agreement, the U.S. Government should promptly receive 
the return of that person to the United States without any special procedure. 



1. When the U.S. Government believes that a removable person is a 
citizen of Vietnam and meets all criteria within Article 2 of this Agreement, 
the U.S. Department of Homeland Security, on behalf of the U.S. 
Government, will request appropriate travel documents from the Vietnamese 
Government and will forward the appropriate files to that Government. Such 
files will include three sets of documents, the original and two copies. The 
original and one copy shall be forwarded to the Vietnamese Ministry of 
Public Security (Immigration Department) by the U.S. Embassy in Vietnam, 
and the other copy will be sent to the Vietnamese Ministry of Foreign Affairs 
(Consular Department). 

Each file will contain a diplomatic note which requests that the 
Vietnamese Government accept the returnee, the name of the person the U.S. 
Government believes should be repatriated to Vietnam, the appropriate forms 
completed by such person (an example of which is provided in Annex 2 of. 



Article 3 

Return of Persons Repatriated in Error 



Article 4 
Acceptance Procedures 




/ 



this Agreement), a copy of the order of removal, and other documents 
regarding the person's biography, citizenship, criminal history, sentence 
imposed, and decision of amnesty or reduction of criminal sentence. The 
order of removal will be translated into Vietnamese on the standard form, and 
the criminal history will include a National Crime Information Center (NCIC) 
record in English accompanied by a code key translated into Vietnamese. All 
documents and translations will be certified by the competent U.S. authorities. 

2. Upon request by the Vietnamese Government, the U.S. Government 
will arrange and facilitate the interview of persons who fall within Article 
2(1) of this Agreement by Vietnamese immigration officials to determine 
information regarding the Vietnamese citizenship, biographical data, and last 
place of residence of such persons. The U.S. Department of Homeland 
Security will arrange a venue for those interviews. The U.S. Government also 
will facilitate interviews by U.S. -based consular officers of the Vietnamese 
Government of deportable persons whom the U.S. believes to be Vietnamese 
citizens. 

3. The Vietnamese Government will provide a prompt response to the 
U.S. Government on cases referred under this Article after the Vietnamese 
verification is made. If it is determined that a person whose name and file has 
been provided to the Vietnamese Government in accordance with this Article 
meets the requirements of Article 2, the Ministry of Public Security of the 
Vietnamese Government will issue a travel document authorizing that 
person's return to Vietnam, and will provide written notification to the U.S. 
Embassy in Vietnam. 

4. When the Vietnamese Government has issued a travel document 
under this Agreement, the U.S. Government will provide at least fifteen (15) 
days notice of the flight and travel arrangements by which the person will be 
returned to Vietnam. The U.S. Embassy in Vietnam will inform the Ministry 
of Public Security (Immigration Department) and the Ministry of Foreign 
Affairs (Consular Department) of the date and number of the flight, the time 
of arrival, the port of entry (Noi Bai Airport in Hanoi or Tan Son Nhat Airport 
in Ho Chi Minh City), and the details regarding any U.S. officers escorting 
the person to be returned (such as names, dates of birth, passport numbers, 
estimated times of stay in Vietnam, etc), and allow the Vietnamese side to 
confirm receipt of the returnees. 

When a person under medical treatment is returned to Vietnam under 
this Agreement, the escorting U.S. officers will provide a copy of the person's 
health record to the receiving Vietnamese officials at the port of entry. The 




escorting and receiving officers will sign a joint report verifying the person's 
repatriation. 



Article 5 
Expenses 



1. The U.S. Government will pay for the cost of transporting 
Vietnamese citizens to Vietnam under this Agreement. 

2. The U.S. Government will pay for the costs of receiving repatriated 
persons including: verifying fee, the receipt at the airport and transportation of 
the persons from airport to the place of residences in accordance with the 
enclosed Annex 1 . 

3. The U.S. Government will pay for the cost of arranging interviews 
by relevant Vietnamese officials of persons whom the U.S. Government 
believes to be Vietnamese citizens and subject to repatriation under this 
Agreement. 

4. The U.S. Government will pay for the cost of returning to the United 
States persons who were repatriated in error, as provided in Article 3 of this 
Agreement. 



1. This Agreement will enter into force sixty (60) days from the date of 
signature by both Governments. 

2. Upon entry into force, this Agreement will be valid for five years. 
The Agreement will be extended automatically for terms of three years 
thereafter unless written notice not to extend is given by one Government to 
the other at least six months prior to the expiration date of the Agreement. 



This Agreement may be amended or supplemented by written 
agreement of the Vietnamese Government and the U.S. Government through 
appropriate diplomatic channels. 



Article 6 
Entry into Force and Duration 



Article 7 

Amendment and Supplementation 



A 




Article 8 
Resolution of Disputes 



Any disputes regarding the interpretation and implementation of this 
Agreement will be resolved through appropriate diplomatic channels. 



This Agreement may be suspended or terminated by either 
Government. Such suspension or termination of this Agreement will come 
into effect after thirty days (30) from the date one Government receives the 
written notification from the other Government of its intention to suspend or 
terminate. 

Done at Hanoi, on 22 January 2008 in duplicate in the English and 
Vietnamese languages, both texts being equally authentic. 

FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF 

THE UNITED STATES OF THE SOCIALIST REPUBLIC OF 



Article 9 
Suspension or Termination 



AMERICA 



VD2TNAM 




y\ r\ (/ /~ 



Annex 1 



EXPENSES FOR REPATRIATION 



Content 


Expenses for Repatriation 


1/ Expenses for verification (including 
verification through the Vietnamese Embassy in 
the U.S.,) and receipt at airports in Vietnam 


$140/person 


2/ Transportation fee for the repatriated person 
from airport to the place of residence 


$10/person 


Total: 


$150/person